RAJEEV SAXENA Vs. DDA

JUDGEMENT

(1.) THIS Intra-Court appeal impugns the order dated 25th May, 2006 of the learned Single Judge dismissing W.P.(C) No.8626/2006 preferred by the appellant. Notice of the appeal was issued. The order dated 16 th October, 2006 in this appeal records the offer of the appellant to deposit the entire cost of the flat earlier demanded by the respondent DDA from the appellant in this Court. During the pendency of this appeal the appellant was allowed to make representation to the respondent DDA with a direction to the respondent DDA to consider the same sympathetically. However the same did not find favour with the respondent DDA. Subsequently another representation was made by the appellant and the same was directed to be examined at the level of the Commissioner (Housing). The counsel for the respondent DDA informs that the same also remained unsuccessful. On 2 nd May, 2008 interim order to the effect that if the flat in question had not been allotted by the respondent DDA to anybody else, the same be not allotted till the pendency of this appeal, was also made. The counsels have been heard.

(2.) THE appellant is a registrant with the respondent DDA for a category- III flat under the 5th Self Financing Scheme, 1982.

(3.) THE respondent DDA thereafter issued a demand-cum-allotment letter dated 18th July, 2003 to the appellant with respect to Flat No.25, 2 nd Floor, Block-8, Jasola, New Delhi at a cost of Rs.18,34,600/-; after adjusting the sum of Rs.5,42,578/- already paid by the appellant, the balance amount of Rs.13,65,451/- was demanded from the appellant by 16th October, 2003 and with interest by 16th January, 2004.